This document discusses private international law and conflict of laws. It begins by explaining the differences between domicile and residence, and between international law and national law. It then discusses public international law, private international law, and supranational law. The document presents several case studies and questions about them to illustrate conflict of laws issues. It explains key concepts in private international law like jurisdiction, choice of law, and recognition and enforcement of foreign judgments. It also discusses areas of law that involve conflict of laws, the stages in a conflict case, and examples of choice of law rules.
International Torts, Choice of law, double actionability rule, lex loci delicti commissi, Phillip v. Eyre, Watchter v. Harlley, red Sea Insurers v. Bouygues SA and Others etc
Domicile of special categories and dependents in Private international lawcarolineelias239
Being a dependent, one cannot acquire his own domicile of choice in private international law. And the situations of persons like fugitives & refugees are different from other individuals. This slide particularly talks about domicile status of dependents, fugitives, refugees, etc.
International Torts, Choice of law, double actionability rule, lex loci delicti commissi, Phillip v. Eyre, Watchter v. Harlley, red Sea Insurers v. Bouygues SA and Others etc
Domicile of special categories and dependents in Private international lawcarolineelias239
Being a dependent, one cannot acquire his own domicile of choice in private international law. And the situations of persons like fugitives & refugees are different from other individuals. This slide particularly talks about domicile status of dependents, fugitives, refugees, etc.
Private International Law and Crucial Role of Personal Connecting FactorsFadzliRohami1
Private International Law encompasses both conflicts of law and the unification of substantive law. The issues addressed cover a broad variety of legal concerns. They cover a wide range of subjects, such as child abduction, wills and trusts, sales contracts, negotiable instruments, the enforcement of foreign judgments and the taking of evidence abduction
Private international law provides both personal and proprietary immunities to the persons having sovereign status. Proprietary immunity is being provided to the properties in hand / authority of such persons having sovereign status. their property cannot be detained or destroyed when an action is brought against such persons in a foreign country.
“Divorce In Private International Law”
With people's desire to seek higher living conditions, education, or work prospects expanding as a result of globalisation, the use of private international law in family conflicts is becoming more widespread. Private International Law, commonly known as 'Conflict of Laws,' is a set of laws, regulations, and ideas that deal with legal disputes between persons or constituents of two sovereign states, extending beyond national borders. When it comes to family disputes, Private International Law can be used in a variety of situations, including parental kidnapping, international child support concerns, cross-cultural marriage registration, dual citizenship issues, and matrimonial disputes like divorce or judicial separation.
The concept of Marriage under Private International Lawcarolineelias239
Marriage is a broad concept under Private international law. Many new rules had been laid down in various decisions, which had developed the international matrimonial law. The relevancy of monogamous or polygamous marriages. And the validity matters like formal validity and essential validity is also discussed here
The issues relating to immovable property in international scenario is dealt in a different way in different case laws. It had changes in principles from time to time.
Domicile of choice is the one acquired by a person by his own choice. But it requires the elements like - habitual residence, intention to reside for long duration, and interest not to abandon it.
Source of International Law. Detail of the source of International law. It is very important for those students who are preparing for Law exams, or who studying the law. It is also very important for Semester exams.
Application of Doctrine of Renvoi by foreign courts under conflict of lawsanvithaav
Doctrine of Renvoi is one of the main principle under the application of Private International Law. When conflict of law arises before the foreign courts, the court will resolve the issues by applying the doctrine of renvoi.
Private International Law and Crucial Role of Personal Connecting FactorsFadzliRohami1
Private International Law encompasses both conflicts of law and the unification of substantive law. The issues addressed cover a broad variety of legal concerns. They cover a wide range of subjects, such as child abduction, wills and trusts, sales contracts, negotiable instruments, the enforcement of foreign judgments and the taking of evidence abduction
Private international law provides both personal and proprietary immunities to the persons having sovereign status. Proprietary immunity is being provided to the properties in hand / authority of such persons having sovereign status. their property cannot be detained or destroyed when an action is brought against such persons in a foreign country.
“Divorce In Private International Law”
With people's desire to seek higher living conditions, education, or work prospects expanding as a result of globalisation, the use of private international law in family conflicts is becoming more widespread. Private International Law, commonly known as 'Conflict of Laws,' is a set of laws, regulations, and ideas that deal with legal disputes between persons or constituents of two sovereign states, extending beyond national borders. When it comes to family disputes, Private International Law can be used in a variety of situations, including parental kidnapping, international child support concerns, cross-cultural marriage registration, dual citizenship issues, and matrimonial disputes like divorce or judicial separation.
The concept of Marriage under Private International Lawcarolineelias239
Marriage is a broad concept under Private international law. Many new rules had been laid down in various decisions, which had developed the international matrimonial law. The relevancy of monogamous or polygamous marriages. And the validity matters like formal validity and essential validity is also discussed here
The issues relating to immovable property in international scenario is dealt in a different way in different case laws. It had changes in principles from time to time.
Domicile of choice is the one acquired by a person by his own choice. But it requires the elements like - habitual residence, intention to reside for long duration, and interest not to abandon it.
Source of International Law. Detail of the source of International law. It is very important for those students who are preparing for Law exams, or who studying the law. It is also very important for Semester exams.
Application of Doctrine of Renvoi by foreign courts under conflict of lawsanvithaav
Doctrine of Renvoi is one of the main principle under the application of Private International Law. When conflict of law arises before the foreign courts, the court will resolve the issues by applying the doctrine of renvoi.
Classification of cause of action / characterisationcarolineelias239
it is the second element in private international law to decide a case having foreign element, after assuming jurisdiction by a court. It is essential to categorize facts of a case & to find out which part of law to be applied - whether tort / contract/ succession/ marital issues etc. Then only a case can be decided.
Contracts under private international law is governed by different principles and maxims. This slide gives you an idea about it and included all relevant case laws.
The study Notes on International Law which I prepared for examinations when I was student of LL.B. II in 2006. Hope it may be helpful in understanding the basics of the subject. But after studying it, the students should through the text books available on the subject.....Thanks
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
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2. Consider the following situations and
explain the difference.
•An Englishman and his wife are British citizens, domiciled and
resident in England, went through a ceremony of marriage in
England. Later, the wife petitions an English court for a divorce.The
spouses are still domiciled and resident in England.
•A British couple married in France, domiciled and resident in England
at the time of marriage. Later on the husband petitions for divorce.
At the time of his divorce petition his wife is domiciled and resident in
France.
• DOMICILE - the country which a person officially has as their permanent home, or has a substantial
connection with.
• RESIDENT – a person is considered a resident if present in a country for 183 days or more per tax
year.
2
3. International law vs. National law
Think about the differences between national and
international law concerning:
A) the territory on which it is applied
B) the parties involved
C) the sources
How would you subdivide the international law according
to their characteristics?
3
4. International law
= consists of rules and principles which govern the relations and
dealings of nations and other international entities with each other
4
PUBLIC
INTERNATIONAL LAW
(Law of nations)
PRIVATE
INTERNATIONAL LAW
(Conflict of Laws)
SUPRANATIONAL
LAW
relations between
several nations or
-nations and the citizens
or subjects of other
nations
(sources: customary law
and conventional
agreements – treaties,
conventions, charters
judicial decisions , judicial
writings)
conflicts between private
persons, natural or
artificial, arising out of
situations having
relationship to more than
one nation
(sources: a branch of
internal law – national and
customary law)
-the law of supranational
organizations (regional
agreements -
European Union law -
the first and only
example of a
supranational legal
framework)
5. Consider the following case and
answer the questions:
1. In your view, which legal problems would arise in such
a situation?
2. Which legal issues would have to be solved?
3. Does this matter belong in the realm of public,
private or supranational law?
5
An English and a French litigant have dispute over a
breach of contract concluded in Italy to be performed in
Spain.
6. Private internatinal law / Conflict of
laws
•A part of national law which establishes rules for dealing with
cases involving a FOREIGN ELEMENT.
•It is concerned with cases in which the parties or other relevant
issues are connected with more than one country. (The conflict arises
from the difference between legal systems.)
•What do you think can constitute a foreign element?
•Find examples in the first paragraph of the text.
•Why ist it classified as PRIVATE and why as INTERNATIONAL law?
6
7. The term ¨country¨in private
international law
COUNTRY = any territorial unit having its own sparate
system of law (no matter whether it consitutes an
independent state politically)
•Decide which of the following territorial units can be
referred to as ¨country¨ in private international law?
UK, Ontario, California, Croatia, Scotland, Wales,
Australia, Canada, England, Ireland, Northern Ireland
7
8. Issues to be decided in conflict of
law cases
•What issues, do you think,
should be decided
by conflict of law rules?
8
9. Conflict of Laws
Addresses the following questions:
1) JURISDICTION - In which legal jurisdiction may a case be heard?
(determining whether the proposed forum has jurisdiction to
adjudicate and whether it is the appropriate venue for dealing with
the dispute)
2) CHOICE OF LAW - The law of which jurisdiction(s) should be applied
to the issues in the case?
- determining which of the competing state's laws are to be applied to
resolve the dispute – choice-of-law rules (zakoni o rješavanju
sukobu zakona)
- (the court first must settle these conflict of law questions before beginning to hear the
merits of the case and deciding on a resolution to the dispute)
3) RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGEMENTS -
How a foreign judgment will be enforced?
9
10. Areas of law involving conflict of laws
1. Law of obligations (contracts, torts)
2. Property and succession (property inter vivos,
succession, matrimonial property relations)
3. Family law (marriage, divorce, children)
10
11. The stages in a conflict case
1.The court must first decide whether it has jurisdiction and, if so,
whether it is the appropriate venue resolving the issue of forum
shopping
2.The characterization of the cause of action into its component
legal categories which may sometimes involve an incidental
question
3. Each legal category has one or more choice of law rules to
determine which of the competing laws should be applied to
each issues
4.Application of selected laws to reach a judgment.
5.The successful party must enforce the judgment which will first
involve the task of securing cross-border recognition of the
judgment.
11
12. Choice of law rules
Courts faced with a choice of law issue have a two-stage
process:
1. the court will apply the law of the forum (lex fori) to all
procedural matters
2. it counts the factors that connect (connecting factors)
or link the legal issues to the laws of potentially
relevant states and applies the laws that have the
greatest connection
12
13. e.g.
-the law of nationality (lex patriae) or domicile (lex domicilii)
will define legal status and capacity,
-the law of the state in which property is situated (lex situs)
will be applied to determine all questions of title,
-the law of the place where a transaction physically takes
place or of the occurrence that gave rise to the litigation (lex
loci actus) will often be the controlling law selected when the
matter is substantive,
(In any case PROPER LAW will bi applied!!!
Proper law = the law which seems to have the closest and most
real connection to the facts of the case, and so has the best
claim to be applied (US the most significant relationship test is
conducted)
13
14. Examples of choice-of-law rules - Croatian
Private International LawAct 2019
MARRIAGE – Article 31
The law governing the conditions under which a marriage may be entered
into is, for each person, the law of the state of which he is a citizen at the
date the marriage is entered into.
…
DIVORCE – Article 36
The law governing divorce is the law of the state which both spouses
choose.They may choose one of the following laws:
1. The law of the state in which both spouses have the habitual
residence at the time of choice of law;
2. The law of the state in which the spouses had their joint habitual
residence, if one of them is still not in this state and has habitual
residence, or
3. Croatian law 14
15. Case study 1
A who has a French nationality and residence in Germany
B who has American nationality, domicile in Arizona, and
residence in Austria
C a Swiss national, owns property in Switzerland
a) A corresponds with B over the internet. They agree
the joint purchase of land in Switzerland, currently
owned but C, but they never physically meet.
b) They execute initial contract documents by using fax
machines, followed by a postal exchange of hard copies.
c) A pays his share of the deposit but, before the
transaction is completed, B admits that although he has
capacity to buy land under his lex domicilii and the law
of his residence, he is too young to own land under
Swiss law.
15
16. Case study 2
Schwebel v Ungar [1964] 48 DLR (2d) 644
Supreme court of Canada
A Jewish husband and wife, domiciled in Hungary married in
Hungary.While they were emigrating to Israel, they found
themselves in Italy and the husband divorced his wife by ’gett’
(divorce document in Jewish religious law). Under the laws of
Hungary (their lex domicilii) and Italy, the religious form of divorce
was invalid, but it was recognised as effective by the law of Israel
where they acquired a domicile of choice.
Subsequently, the wife moved to Canada and, without
abandoning her Israeli domicile, went through a second ceremony
of marriage.The second husband petitioned for nullity alleging
that the marriage was bigamous.
16
17. Case study 2 - Ruling
The Supreme Court held the marriage to be valid.
-The main question was the wife's capacity to marry which,
under Canadian law, is determined by her lex domicilii, i.e. the law of
Israel at the time of the second ceremony.
-The incidental question was the validity of the divorce which was to be
determined either
- a) by their lex domicilii at the relevant time or
- b) by Italian law as the lex loci actus.
The court decided that the wife had the capacity to marry and that the
divorce was valid.
The judgment seems to suggest that the court decided both questions
by reference to the law of Israel as the law governing the main question.
17
19. Vocabulary practice
Find in the text the following English terms and expressions
and translate them into Croatian.
•conflict of law rules
•to law of the domicile or habitual residence
•to raise a conflict of laws issue
•to exercise jurisdiction
•recognition and enforcement of foreign judgments
•to give effect to the judgments of foreign courts
•to have a judgment satisfied out of the defendant’s
assets
•to make a commitment to adhere to the principles of
the treaty
•consistency in treatment of cross-boarder issues
19
20. PartTwo:
Case Analysis: Hodas v. Morin
Consider the following terms:
•gestational surrogacy / gestational carrier
•intended parents
•gestational carrier agreement
•a prebirth order
•birth certificate
•applicable law
•nominal defendant
•forum shopping
20
21. PartTwo:
Case Analysis: Hodas v. Morin
Read the introductory part of the judgment in the Hodas v Morin
case on p. 206-208 and answer the following questions:.
1. What is the legal issue in the case?
2. Who are the plaintiff and defendant?
3. Does a Probate and Family Court judge have authority to
issue prebirth judgments of parentage and to order the
issuance of a prebirth record of birth?
4. Which jurisdictions have a connection to the transaction?
How do the laws of connecting states regulate gestational
carrier agreements? Is there a conflict between them?
5. What is the court’s decision concerning the choice of law?
21
22. PartTwo:
Case Analysis: Hodas v. Morin
•In your opinion, if the choice of law provision has been
included in the contract by the parties, can the parties’
choice of law be contested by the courts?
•What is your opinion of the problem of conflict between
the parties’ choice of law provision and a state’s public
policy?
Which one should prevail?
22
23. Act concerning the resolution of conflicts of laws with the
provisions of other countries in certaing matters
(Zakon o međunarodnom privatnom pravu 2019)
CROATIAN PRIVATE INTERNATIONAL LAW ACT
•Study the following case
Croatian couple married in France, domiciled and resident in
Croatia at the time of marriage. Later on the husband petitions
for divorce. At the time of his divorce petition his wife is
domiciled and resident in France.
• and do the following:
A) Characterize the cause of action into its legal components (legal elements of
the case; the questions that need to be answered)
B) Determine the choice-of-law rules for each element
C) Determine the connecting factors for each rule (by which national law
should each question be answered)
D) Use Part II (APPLICABLE LAW) ChapterVII (Family law) of the Croatian
Conflict of Laws Act and try to answer some of the questions. 23